Outlaw v. State

In 2001, the legislature established two separate misdemeanor classes for operating a vehicle while intoxicated. Operating a vehicle while "intoxicated" is a Class C misdemeanor. See Ind.Code § 9-30-5-2(a) (2004). Operating a vehicle while intoxicated "in a manner that endangers a person" is a more serious Class A misdemeanor. See I.C. § 9-30-5-2(b) (2004).

Here, there was evidence Outlaw was intoxicated, including that he smelled of aleohol, his eyes were bloodshot, his speech slurred and he failed three field sobriety tests. The State concedes, however, there was no evidence that Outlaw…